Immigration Law: In the case of a change of study program, the extension of the residence permit for study purposes may be denied according to Section 16, Paragraph 2 of the German Residence Act (AufenthG).

Legal basis and scope of application

The residence of foreign nationals for the purpose of training is permitted in the Chapter 2 Section 3 of the Residence Act (AufenthG) regulated. This chapter covers both the Vocational training and further education as well as the Stay to study. The central provisions here are § 16a and § 16b AufenthG, which cover the various educational purposes.

• § Section 16a AufenthG - Residence permit for in-company training and further education and to the school-based vocational training. Paragraph 1 regulates the requirements for a residence permit for a In-company vocational training or further vocational training (e.g. in the dual training system in a company). Paragraph 2 concerns the Vocational training at school, e.g. attending a vocational college or similar school-based training programmes.

• § Section 16b AufenthG - Residence permit for Study. This provision regulates the stay for Realisation of a study programme and includes both Full-time as well as Part-time study programmes. Foreign nationals are only permitted to study in Germany at certain educational institutions. As a rule, admission is required at a state or state-recognised university (university, university of applied sciences, college of art or music) or at a comparable educational institution (for example a vocational academy). Also Study preparation measures are also included in the purpose of residence - for example, a necessary language preparation course or the visit of a Study colleges, if these must be proven as a prerequisite for admission to the degree programme.

A residence permit to study will be issued if the above-mentioned requirements are met (in particular, university admission has been granted) and thethe applicantsin also proves the other general conditions for granting the permit (e.g. secure livelihood, no interest in deportation). In practice, the initial grant is usually issued for two years and can be extended as long as the study objective can still be achieved. The legislator stipulates that an extension of the study residence permit only is possible if the training objective not yet reached Section 25b of the Residence Act (AufenthG) stipulates that persons with tolerated status who have been residing in Germany for a longer period may be granted a residence permit under certain conditions, provided they have sustainably integrated into the society and living conditions in Germany. and within a reasonable period of time can still be achieved (Section 16b (2) sentence 4 AufenthG). In this case, the immigration authority will check the progress of your studies and the expected duration of your studies.

Employment opportunities alongside your studies

During their studies, holders of a residence permit in accordance with § 16b AufenthG may pursue employment to a limited extent. According to the current legal situation, part-time employment is permitted up to 140 days a year (or 280 half days). Student part-time jobs (such as student jobs at the university) usually remain outside and are not counted towards these 140 days. This regulation is intended to enable foreign students to earn some extra money alongside their studies without jeopardising the main purpose of their stay - their studies.

Change of purpose of stay during a study visit

An important aspect for foreign students is the question of the extent to which one during an ongoing study programme can change the purpose of their stay - be it in the direction of employment or another study programme. In recent years, there have been a number of Legal changes which have somewhat relaxed the previously very strict rules.

Under the old version of the Residence Act, there used to be a general Ban on change of purpose during their studies. This means that anyone who has entered the country on a student visa should always not can obtain another residence title (e.g. for gainful employment) during this stay, unless there is an explicit legal entitlement insisted on it (for example by marrying a German or being recognised as a refugee). This Reason for refusal was enshrined in Section 16 (2) sentence 1 of the old version of the Residence Act. In practice, this meant that students who received a job offer as a skilled worker, for example, often had to wait until after completion of the degree programme or after a Departure and new visa procedure were able to make the change.

Reform 2020/2023: Easier change of purpose

With the introduction of the Skilled Labour Immigration Act 2020 and other changes due to the Act on the Further Development of Skilled Labour Immigration 2023 this rigid regulation was relaxed. Since 1 March 2024 a new version of Section 16b (4) AufenthG applies. Now only excluded, during his studies in a Residence permit for temporary employment (this primarily refers to temporary, non-skilled employment that falls under Section 19c (1) AufenthG in conjunction with the Employment Ordinance. Employment Ordinance, e.g. seasonal work). No longer excluded however, is the change to qualified employment. In concrete terms, this means

• Change to a qualified vocational training programme: During their studies, students can enrol in a Residence permit for vocational training in accordance with Section 16a AufenthG, provided they have a training place and fulfil the requirements. Such a change of purpose is now expressly permitted and is made possible in practice by the immigration authorities without having to leave the country.

• Change to a residence permit for gainful employment as a skilled worker: Finds ae foreignr Studentinto an offer for a qualified position (according to the Specialist categories under the Residence Act, e.g. as a university graduatein with a Blue Card according to § 18b AufenthG or as a skilled worker with vocational training according to § 18a AufenthG), he*she can now Directly in Germany apply for a change of residence permit. The previous requirement to first leave the country and go through a visa procedure in the home country is largely no longer necessary in such cases. However, it is important that the professional requirements are fulfilled for the new title - for example, a recognised qualification and a concrete job offer with an appropriate salary. If this is the case, you now have a legal claim for the issue of the corresponding residence permit as a skilled worker.

• Change to a residence permit with outstanding professional experienceChange to a residence title in accordance with Section 19c (2) AufenthG is also possible. This relatively new category enables people with strong professional experience (even without a formal degree) to obtain a work permit in Germany, provided that certain requirements (e.g. at least two years of professional experience and a concrete job offer with a sufficient salary) are met. Students who fulfil these criteria could therefore also seek such a change.

• Change to stays with statutory entitlement: This does not affect the possibility of changing the purpose of residence if a person Legal claim exists. These include cases such as the Marriage with a German national (entitlement to spousal reunification) or a Entitlement to a humanitarian right of residence. In such constellations, the title may of course be changed - the legislator has exempted these cases from the prohibition of change of purpose from the outset.

Conclusion: The following now applies to a change from a period of study to another purpose of residence No more general ban. However, the foreigners authority must Discretion and weigh up your personal interests in remaining in Germany against the public interest. In areas where Germany needs skilled labour, the chances of a successful change of purpose are much higher today than they were a few years ago. It is not unusual, for example, for a foreign student who is about to graduate or who already has a German university degree to accept an employment contract immediately afterwards and then receive a Blue Card or comparable residence permit as a skilled worker. without having to leave the country in between. Only switching to non-qualified, short-term jobs remains taboo during your studies.

Limitation: graduation within a reasonable time

Despite the aforementioned simplifications, students must note that the Original purpose of residence Studies cannot be extended indefinitely. As mentioned, Section 16b para. 2 sentence 4 AufenthG requires a Appropriate duration of study. This means that the residence permit for studying will only be extended as long as it is realistic to expect a Prompt graduation can be reckoned with. In practice, the authorities are guided by the Standard period of study of the respective subject and the average duration of study. If the standard period of study is significantly exceeded, there is growing doubt as to whether the study objective can still be achieved in a reasonable time. As Guideline it is often the case that studying within maximum ten years If this period is expected to be exceeded, this is generally no longer considered „reasonable“.

Change of degree programme (change of specialisation)

A special case of change of purpose in the broadest sense is the Change of study programme within the purpose of stay Study. This is understood to mean that ae Studentsthe subject that was originally taken up and instead takes up a completely new subject. new study programme (e.g. change from law to business studies, or from mechanical engineering to social sciences). Legally, the question arises as to whether this is still covered by the original purpose of residence. Study is covered or as Change of purpose of stay is evaluated.

Principle: According to the current view, the „purpose of residence - studies“ is linked to the specific field of study not to the study programme in abstract terms. This means that a Change of specialisation usually as a change of purpose is regarded as a new project. In terms of immigration law, you are starting a new project, so to speak. Accordingly required for this in principle a new decision the Foreigners' Registration Office about the granting or extension of the residence permit. The authority will check whether or not to authorise the change.

However, there are recognised Exceptional cases, in which a change of degree programme not is recognised as a harmful change of purpose:

• Orientation phase: A change of subject within the first 18 months after the start of the degree programme (i.e. within the first three semesters) is usually considered unproblematic by the authorities. This period is regarded as an orientation phase during which students can determine whether their chosen subject is suitable. Such an early change is often Accepted, without losing your residence status as a result. The General Administrative Regulation on the Residence Act (No. 16.2.5 AVwV) expressly states that a change of specialisation exceptionally should be possible if it takes place within one and a half years.

• Not a real new beginning: Likewise, cases in which it is not a genuine change of purpose only a shift in the centre of gravity or a closely related change of subject. For example, if the previous academic achievements can largely be credited in the new degree programme or if you change your specialisation within the same subject area (e.g. change from Electrical Engineering to Industrial Engineering and Management, where parts of the degree programme are identical). In this case, the core purpose of the stay remains „studying the same specialisation“ and the previous semesters are not completely lost.

However, if the change of degree programme late in the degree programme or is associated with a completely new start in a completely different subject area, the Immigration Office will take a very close look. The decisive factor is whether the new study objective in a reasonable time can be achieved. As mentioned above, it is roughly assumed that the Total duration of study must remain within reasonable limits (as already mentioned, a guideline of around ten years is often given here). For example, if you drop out of a degree programme after five years without completing it and start a new five-year degree programme, you would end up with a total duration of ten years - this could still be considered an upper limit. However, if the predicted total duration of study significantly exceeds this limit, the extension of the residence permit will usually be refused. fails. This is because in such cases it no longer appears „appropriate“ to continue to extend the purpose of residence to studying.

Current case law on changing degree programmes

The German courts have repeatedly dealt with cases involving changes of subject. Recent judgements generally confirm the strict line, even if the legal situation has changed somewhat. For example, the Aachen Administrative Court in 2022 ruled that there is no entitlement to an extension or new residence permit if a female student completes her first degree programme finally failed and has already changed to a new degree programme without the consent of the immigration authorities. In the case in question, the applicant had studied mechanical engineering for several years and was de-registered after finally failing her course. Without informing the Immigration Office, she immediately enrolled in another degree programme (industrial engineering) at another university and applied for an extension of her residence permit, after this had already expired. The VG Aachen dismissed the case: The requirements for an extension in accordance with Section 16b para. 2 sentence 4 AufenthG were not met (as no sufficient progress in studies and no prospects of success were apparent), nor could a new residence permit be issued in accordance with Section 16b para. 1 AufenthG because the planned change of subject was deemed to be an unauthorised change of purpose. In addition, the late submission of the application meant that no Fictional effect had occurred - the applicant was therefore already without a valid residence permit at the time of the decision, which further weakened her legal position.

Also Higher courts have underpinned this view. For example, the Thuringian Higher Administrative Court found that the mere admission to a new degree programme no automatic entitlement to a (new) residence permit. Rather, the authority must continue to examine whether the Ban on change of purpose and whether thethe student can present a positive graduation prognosis for the new subject. If every university admission were to be considered a carte blanche for a new residence permit, there would be a risk that resourceful students would simply extend their stay indefinitely by constantly changing their subject - this would be contrary to the intention of the law. Accordingly, case law also requires a change of specialisation Case-by-case examinationHow long did the first degree programme take? Why did it fail? Can thethe student is likely to be more successful in the new subject and complete it quickly? Only if these questions can be answered positively is there a chance that the authority will exceptionally authorise the change.

To summarise, it remains to be said: A change of degree programme today generally represents a change of purpose of residence, which is not possible without the consent of the foreigners authority. The New legal situation Since 2024, the strict legal ban has been mitigated, but de facto a change of subject must still be convincingly explained that it is a sensible new start with the prospect of success within a reasonable period of time. Otherwise, there is a risk that the extension will be refused and you will not be allowed to remain in Germany.

Practical example: Decision of the VG Freiburg

A look at a court case can help to illustrate the above principles. The Administrative Court of Freiburg had to decide in a much-noticed decision (in proceedings for interim relief) whether the intended change of study programme of a foreign student constituted an inadmissible Change of purpose of stay and whether there is an exceptional case that would nevertheless justify an extension.

Facts of the Case The applicant, a student from Guinea, was originally in Germany with a residence permit for study purposes and had spent several semesters in Germany. Law studied law. Unfortunately, he was not able to successfully complete his law studies - he did not have any significant qualifications. He then travelled to his home country between 30 November 2009 and 13 August 2010 and stayed there for eight months without interruption. He did not submit an application to extend the re-entry period (so that his residence permit would not expire). After his Re-entry on 13.08.2010 - presumably with a new visa or other entry permit - he applied to the immigration authority on 15.09.2010 for the Renewal or new licence a residence permit, now for the purpose of studying the Islamic Studies (together with history). In other words, after failing his law degree, he wanted to start a completely new degree programme in Germany.

Decision of the VG Freiburg: The Administrative Court rejected the urgent application for the reinstatement of the residence permit. The reasoning was twofold:

1. Expiry of the original residence permit: Due to the overlong stay abroad of eight months, the applicant's original German residence permit was no longer valid. expired by operation of law. According to § 51 Para. 1 No. 7 AufenthG, a residence permit expires if thethe ownerstravelling out of Germany for longer than six months (or a period set by the authorities in individual cases). This is exactly what happened here - the applicant was abroad for well over six months without applying for an extension of the re-entry period. As a result, he had lost his previous title. As a result, he could no longer rely on his old student residence permit when he returned to Germany. An application for an extension into the void was therefore inadmissible; in fact, he should have applied for a new visa for the purpose of studying in his home country. The fact that he had entered the country anyway did not help him - the authorities and the court basically treated his application like a New application.

2. Change of degree programme as a change of purpose: Irrespective of the facts of cancellation, the court also saw a problem in the constellation of content: the planned change from the specialist Jurisprudence to Islamic Studies/History In the opinion of the VG Freiburg Change of purpose of stay is the case. The applicant had cancelled his original studies, apparently because there was no prospect of successfully completing them. The new commencement of studies was therefore not a seamless continuation of the same purpose of residence, but a Restart. According to the legal situation applicable at the time (Section 16 (2) sentence 1 AufenthG old version), in such a case generally no residence permit for another purpose be granted unless there was a legal entitlement. The applicant could not assert such a legal claim - there was no automatic mechanism that would legally guarantee him the new study programme. The VG Freiburg also saw not an exceptional case that would have exceptionally justified a deviation from this principle. In particular, the court assessed the failure to achieve the original study objective (failure to complete the law degree) not as an atypical course of events, but as an unfortunately not so unusual event. An „atypical“ case would have existed if, for example, special circumstances beyond the student's control had led to him dropping out of his studies, which are outside the normal range of risk. In this case, however, there was no such special circumstance - the student had simply failed his exams and failed to complete his studies, which is within the realm of normal risk. This meant that the general principle of prohibiting a change of purpose remained in place.

Consequently, the foreigners authority was authorised to reject the application and the court confirmed this decision in summary proceedings. The student would therefore - if he still wanted to study Islamic Studies in Germany - first have to and apply for a new visa from Guinea. for the purpose of studying. Without a valid residence permit, he could not simply start the new degree programme here.

Remark: Although this judgement still referred to the old legal situation (before the restructuring of § 16 AufenthG into § 16a and § 16b came into force), it is largely applicable to the current situation. transferable. Even according to the current legal situation, a completed change of subject in the middle of a degree programme is regularly viewed critically. The reasoning of the VG Freiburg reflects the legal idea that is still valid: a period of study serves to complete the degree programme that has been started - if this fails and a completely new one is started, this is a new purpose under immigration law that is not readily approved. What is new, however, is that since 2024 there is no longer a categorical prohibition in the law, but the authorities have discretion. In a case like the one above, however, the decision would in all likelihood be similar under the new law, as neither the formal requirements (timely application, valid title) nor the substantive requirements (appropriate duration of studies, positive progress) were met.

Conclusion

The provisions of the Residence Act in the area of Training and studies have been modernised in recent years. Foreign students now have better opportunities to organise their residence permit flexibly - for example by switching to qualified jobs or training - provided they fulfil the relevant requirements. At the same time, however, the Basic principles exist: Residence for the purpose of studying is for a specific purpose and cannot be extended indefinitely. A change of specialisation should be carefully considered and made as early as possible so that it does not lead to the loss of the right of residence. If you are unsure, you should definitely legal advice before changing degree programmes or making other far-reaching decisions.

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